Ex parte URINO et al. - Page 4




          Appeal No. 96-0346                                                          
          Application 08/007,511                                                      


          members and more than four Faraday rotators arranged with at                
          least one rotator between any two anisotropic crystal members may           
          be constructed in accordance with the principles of this                    
          invention.”  Even if we assume that this teaching would have                
          indicated to the artisan to have constructed a single optical               
          isolator employing 6 anisotropic elements, each with a Faraday              
          rotator therebetween, we would still not end up with the claimed            
          total number of elements comprising both optical isolators                  
          arranged as recited in independent claim 1 on appeal.                       
               In light of this latter teaching in Chang as well as the               
          examiner’s reasoning, we find that there would have been no                 
          reason within the examiner’s reasoning or that which would have             
          been derived from the teachings and suggestions of Chang for the            
          artisan within 35 U.S.C. § 103 to have forward rotated the                  
          claimed first birefringent element of the second optical isolator           
          in the manner set forth in the above quoted language at the end             
          of claim 1 on appeal.  The mere duplication in series of Chang’s            
          Fig. 1A embodiment would not necessarily have led to this                   
          rotation.  It appears that by the rotation set forth in the above           
          quoted language at the end of claim 1 on appeal, a change in                
          function essentially results in the first and second recited                
          optical isolator combination as expressed functionally in this              

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